From that date, it will now be a new requirement for those using the Surinder Singh route that the “the centre of [the British citizen]’s life has transferred to the EEA State where [the British citizen] resided as a worker or self-employed person.”

I think that the post above sums up fantastically what the requirements should mean. Many of the new possible requirements already being completed. Here are some simple tips (and that is obviously all they are) to keep you on the right side…

Don’t leave kids behind, and make sure you sort out their education in the host member state

Transfer your car over to the new host member state, as well as your driving license.

Replace your EHIC with the local EHIC.

Don’t keep a rented accomodation in the UK, unless of course its necessary.

REMEMBER TO FOLLOW ALL RESIDENCE REQUIREMENTS OF THE HOST STATE.

It’s very wise to remember the case of Mrs Carpenter Case C-60/00. Her British Spouse (Mr Carpenter) never actually lived in an EU state, but still his simple provision of services to the EU was sufficient to bestow upon Mrs Carpenter a right of residence from the EU treaties.

The Carpenter case simply highlights the fact that Member States cannot take action against the family members of EU nationals which would breach their rights under Article 8 of the ECHR. While the context of the case related to the exercise of the freedom to provide services, the determining factor in the case was the disproportionate effect of the proposed deportation of Mr Carpenter‟s wife.

The Home Office have released some New EEA regs so as to attempt to curtail The Surinder Singh Route by asking whether the ‘centre of life’ of the EEA National (British Citizen) has relocated to the host member state.

Regardless of what happens with this amendment to legislation, it is wise to remember: Both The Directive and previous Case Law have not been changed. Only the UK’s interpretation of this. This amendment comes following the release of the clarification from the EC in 2009 (yes, in 2009, it has taken over four years to enact changes… perhaps this is due to a rather recent BBC broadcast).

Need any clarifications about this new instrument? As outlined in the above legislation explaination memorandum: